Switzerland

Jorge Castelló Gascó, Procurador de los Tribunales

Procuradores de los Tribunales are private professionals in Spain. To become Procuradores de los Tribunales we must prove we have a law degree; therefore, we have the same training as lawyers with a different specialism.

A particularly good example to understand our profession would be a comparison with family doctors and specialists. As Procuradores de los Tribunales, we have knowledge of all legal areas, but we are not specialists in any of them except for procedural law.

We are a unique profession in the world and take part in almost every Court proceeding assisting clients, lawyers, and Court. We are involved in the Court proceeding before the trial (helping to prepare all strategies and documents needed), during the trial, and after the judgment has been made.

How do we do that?

• Clients
◦ We do amicable collection before starting with court enforcement proceedings.
◦ We inform creditors of their options in Spain and provide, when necessary, a lawyer expert in the matter needed (we cooperate with hundreds of lawyers in Spain covering all legal areas).
◦ We represent them in all Court proceedings and make sure the Court proceeding is as fast as smooth as possible.
◦ We also can manage everything that is necessary for the client in relation to public administration.
• Lawyers
◦ Representing the client in court means we must work side by side with the lawyer organising the files and, when necessary, helping to choose the best defence strategy.
◦ We advise lawyers in relation to the rules that regulate the procedure and their particularities since, although the law of the specialty is fundamental, an error in the procedure can be very harmful to the interests of the client.
• Courts
◦ We also have a legal obligation to collaborate with the Courts, in such a way that, on a daily basis, we spend hours in the Courts reviewing files, speeding up procedures and correcting errors that slow down judicial procedures.
◦ Our collaboration with the Courts is carried out in such a way that we are the link between the judicial system, clients, and lawyers. We assume all communication between them.

Jorge Castelló Gascó, is the third generation of Procuradores de los Tribunales who have been part of the office located in Valencia. For this reason, he combines the accumulated experience of the firm together with the knowledge of the study of the most recent regulations.

We develop our activity throughout the Spanish territory under three fundamental premises: quality, efficiency and transparency.

For more information please do not hesitate to contact us on the following:

Tel. +34-96.391.86.61

E-mail:

As Regulation (EC) 1393/2007 has been in force for more than ten years, it was time to make a much-needed change to amend and modernise the amendments of this widely used Regulation.
 
The Commission had already evaluated the current Service Regulation in 2017 and concluded that transmission could be made faster and simpler through modern means of communication and that the procedure could be more streamlined.
 
The publication of the new Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters is a major step towards modernisation.
 
The major changes that the new Service Regulation introduces compared to the current Service Regulation are the e-CODEX; is the possibility of effecting service by electronic means; the possibility of signing documents, records and forms with electronic signatures; and, lastly, assistance in address enquiries.
 
The e-CODEX (E-Justice Communication via Online Data Exchange) is a decentralised information system consisting of national IT systems interconnected by a secure and reliable communication infrastructure that ensures users can send and receive records, documents and forms by electronic means. This is all from the perspective of effecting service of documents faster and more efficiently.
 
And there is also the option of serving a document directly by electronic means on an addressee with a known electronic address in another Member State. Through the existing Regulation (EU) No 910/2014, the respective national electronic signatures are also recognised on documents and records to be served.
 
Last but not least, each Member State in which a document is to be served must provide assistance in determining the addressee’s address. The aim of this measure is for service to be effected at its destination with greater legal certainty.
 
The new Service Regulation applies from 1 July 2022.

Warsaw, is vibrant, clean, and a safe city to visit. Our 18th General Assembly was well attended with many agenda items to discuss. The assembly was organised and arranged by our Polish partners Leszek Czarny and Wojciech Budny who are two of the partners in the law firm of Kancelaria Radców Prawnych who provide legal and debt collection services in English, Russian, Spanish, and of course Polish.

The General Assembly was over a two day period and held on September 19 – 20th 2019. One of the Highlights of the conference was the addition of our new partner Ivan Zhabotynskyі who, is a private enforcement officer with offices based in Kyiv Ukraine.  Ivan gave an excellent presentation to the members regarding his length of office, and the functions of civil debt enforcement that he is able to provide.

It is very exciting for Ivan, being relatively new to the enforcement sector, as the Ukrainian government has recently decided to modernise enforcement throughout the country. Geographically is Ukraine is a large country to cover, however Ivan has relationships with other Judicial Officers in the more remote parts of the country. So any files sent to Ivan will always have his special attention.

Following his presentation it was unanimously decided to admit Ivan as a full member. In the photo Ivan on the right has just signed the official documents of membership, with our President Alex Dockers.

Again this is very exciting for the Connexx Network as we branch out to eastern Europe. Many have asked is Ukraine in Europe or is it part of Russia? “Ukraine is a priority partner
within the Eastern Partnership and the European Neighbourhood Policy (ENP). ... The economic part of the Ukraine–European Union Association Agreement was signed on 27 June 2014 by the new President, Petro Poroshenko”.

The EU is seeking an increasingly close relationship with Ukraine, going beyond co-operation, to gradual economic integration and deepening of political co-operation. Link. 

So I hope that is now clear. If you would like to find out more about the services of our new Ukrainian Partner please look up the country in the top tool bar of this website. Our next meeting will be held in the ancient and capital city of Athens Greece.

What started as an idea, a concept in 2012 by Alex Dockers, became a reality. Alex, as a Judicial Officer based in Belgium, believed that there was an information gap in how other countries enforced judicial titles and how they undertook debt collection.

The other question was how to form a network where English is the second language and how to cooperate with other countries on the same level? These were the burning questions.

In South Africa the same year, the Union International Huisseir de Justice was holding its congress meeting. Alex made contact with like-minded Judicial Officers, and Martin Leyshon and David Walker, who were representing England, Wales, and Scotland, were invited to join in discussions.

Agreements were made, and the rest they say is history. Connexx now has a network of 18 partners in different countries throughout Europe.

At our last Connexx General Assembly in Warsaw, Poland, several changes were made, of which we would like to share with you, and new countries joined our network.

Alex Dockers stood down as the president after seven years of given the network much-needed direction, guidance, enthusiasm, and commitment. Alex, we thank you for everything you have done for our network, and even though you will now become a backbencher, we are sure that your contributions will continue to be invaluable.

We also would like to thank Adrian Bayh, who has also stood down from the board for his contribution over the years.

Martin Leyshon also stood down as the Vice President. Martin, however, remains on the board as its technical director. Martin said, "I am looking forward to working with our new president Damir Site and other new members of the board". "The challenge is to take the network to the next level now that the foundations are firmly in place".

To check out the new president and the board profiles, please see members of the board.

New additions – We welcome Morgan Matile from Switzerland and Geoffrey Galle from Luxemburg to the board.

Over the last three years, Connexx has welcomed new partners from:

Luxemburg
Switzerland
Greece

We wish to put on record our sincere thanks to our Partners in Poland for organizing our General Assembly and making it a great success. Sylvia, in particular, met everyone's expectations. Thank you once more.

Speaking of Greece its' the destination for our next Connexx meeting to which I'm sure all members are looking forward to attending.

Morgan commenced his enforcement career in February 2009 as a Swiss appointed government bailiff in Switzerland’s 3rd largest debt collection office - the canton of Neuchâtel. He has ascended the ranks with an initial promotion in 2013 to the position of managing the seizure sector.

A second promotion followed in 2016 as the deputy office manager who was responsible for all of the cantons seizure sectors. A critical and responsible position in assisting the wheels of commerce to turn. In 2017 Morgan obtained the most important certification in the field of Swiss debt collection, that of a specialist in debt collection and bankruptcy with a Federal Diploma of Professional Education and Training.

In January 2018, he joined the Burkhalter & Associés team as a Swiss lawyer and was in charge of debt collection and the commercial proceedings throughout Switzerland. In June 2019, he became the managing partner of Burkhalter & Associés with the distinct ambition of expanding the firms' activities in Switzerland but also throughout Europe by joining the Connexx network.

Through the Connexx network and the professionalism of its members, jurisdictional borders are no longer an insurmountable barrier for people wishing to collect their unpaid debts where the debtor has moved to a different country. Being appointed as the treasurer of Connexx and the involvement within the Connexx committee is, therefore, not only a logical follow-up to the objectives set by Morgan but puts him at the very heart of the network.

I embarked on my enforcement career in June 2004 as an assistant judicial officer to the firm of ‘Funk & Biel’ based in Luxembourg. That was an excellent platform for me to study the profession.

In December 2006 I received my appointment as an Authorized Judicial Officer, and on the 1st January 2007 my partner and I formed the office of Biel & Gallé. I recall, we had four employees and servicing around 6,000 documents per year.

As of today, we have increased our staffing levels to 9 employees and serving around 12,000 documents per annum. Luxemburg is a small country with a first-class regulatory system that enables our firm to give a personal service to our clients, but also gives me the time to devote to my Connexx Board duties. My passion is for service delivery, family, carving, gardening, cooking, and discovering new wines.

Connexx, for me, is a network that has professional partners in 18 different countries, all undertaking the function of debt collection and the execution of judgments. Connexx covers the existing “Information Gap” on procedures, requirements, competencies, costs, from one country to another.

The fact that we know each other quite well and can communicate on the different procedures allows us to give the best advice to our clients.

I am looking forward to the challenge ahead in my new role as Vice – President and promoting further an already robust network.

DEBT COLLECTION IN UKRAINE

There is a mixed system to enforce judgments in the country of Ukraine. In 2017 the enforcement sector changed dramatically which now gives an option to collect your debts either through - Ukraine’s state enforcement officers or via private enforcement officers (private sector). Today, private enforcement officers are recognized to be more effective than state enforcement officers. Why? The main reason for this, is that a private enforcement officer is motivated to enforce a judgment. The officers livelihood would depend on it. Private enforcement officers, such as our firm, care about our clients and liaise with them throughout the process.

Private Enforcement Officer Ivan Zhabotynskyі

Ivan Zhabotynskyі is among those who became a private enforcement officer in Ukraine from the very outset. The office of a private enforcement officer applies all possible legal measures to enforce a judgment. We can undertake a number of legal actions on the Creditors behalf when enforcing the judgment, such as, seizure or arrest of property, search of a debtor or their assets, claiming debtor’s property from third parties, and even initiating a restriction of a debtor travelling abroad. As you can see the Ukraining enforcement system is very robust than in many other countries, therefore increasing your chances of success.

Ivan Zhabotynskyі, along with his assistants, is fluent in English and can consult with you on most legal issues related to enforcement proceedings. If a client would need to obtain court permission to enforce a foreign judgment in Ukraine, protect its violated rights in Ukrainian jurisdiction or simply obtain a qualified legal aid, Ivan Zhabotynskyі can recommend experienced and skilled lawyers.

As a matter of the legislation, there are two types of enforcement fees a private enforcement officer may charge. A primary enforcement fee is a compulsory one and charged to a debtor at the rate of 10 % of the sum collected from the debtor. The other one is an additional enforcement fee, which is not compulsory. The additional enforcement fee is paid by a client if there are certain agreements made between the officer and the client. Usually, our office through our enforcement officer Ivan Zhabotynskyі enforces judgments for the primary enforcement fee only. If we undertake a number of additional enforcement actions to collect your debt from the debtor an additional enforcement fee may required, however this is handled and negotiated on a case by case basis. To cooperate with our private enforcement officer Ivan Zhabotynskyі, a client must apply for the commencement of enforcement proceedings, in other words file a writ of enforcement and conclude an agreement relating to an additional enforcement fee, if necessary.

Procedure of Foreign Judgments in Ukraine

A foreign judgment or an arbitral award may be enforced in Ukraine only after a Ukrainian court permits its enforcement.
For this, a party seeking to enforce a foreign judgment or an arbitral award must file a motion with the court. The motion must be filed within three years of the date for such a judgment or award to have the legal effect.
Should you wish to discuss any debt matter you can either look at our website or send us an email.

You can find more information at our website: enf.com.ua
Email:
Tel No+38 044 501 31 30
Tel No+38 095 501 31 30

Address - st. Bohdan Khmelnytsky, 17 / 52A, 6th floor, of. 610
Kyiv, 01030

Enforcement of a judgment in the Grand Duchy of Luxembourg.

Written by the president of Connexx – Our partner in Luxemburg – Geoffrey Gallé

The judicial officer is the only ministerial officer authorised to enforce a judgment within the territory of the Grand Duchy of Luxembourg.

Things to note: In Luxembourg, there are several jurisdictions-

Therefore, judgments from the following are available for enforcement

• the Justices of the Peace of Luxembourg, Esch/Alzette or Diekirch
• the two District Courts of Luxembourg and Diekirch

The different matters include civil, commercial, correctional, labour law, lease, summary proceedings, garnishment of bank accounts.

These judgments will either be notified through the clerk's office or served through the bailiff responsible for collecting the debt, depending on the identity of the matter relating to the judgment.

Once the time limits for appeal have expired and the judgment has become res judicata, (the principle that a cause of action may not be relitigated once it has been judged on the merits) enforcement measures can begin.

In the event that the sentence of the judgment mentions provisional execution, it goes without saying that the start of the execution will be immediate.

To this end, the bailiff has a full range of acts and procedures at his disposal, such as:

- the order before seizure and execution
- seizure of goods (on furniture, cars, paintings, various objects
- garnishment on bank account(s)
- special garnishment on wages, annuity, pension
- seizure of real estate
- registration of a judicial mortgage as a precautionary measure
- the notice of affixation of placards
- summons to attend the forced sale
- the forced sale

The costs incurred will be borne by the debtor party, except of course if the latter is clearly insolvent, both materially and financially. In this is the case, the creditor will have to bear the responsibility for the costs.

The judicial officer will therefore do his utmost to recover his client's debt, while acting as a neutral party in terms of costs, respect for the debtor and ethical enforcement.

Whilst Luxemburg is one of the smallest countries in Europe with a population of 650,000 people, it is a developed country with an advanced economy with one of the world’s highest GDP per capita.

We at Biel and Gallé are a small office offering a personal touch to all our clients. Instruct us today and increase your chances of recovering what is due and payable.

Address: 1, rue Nicolas Simmer, L-2538 Luxembourg
Post box: B.P.1262 L-1012 Luxembourg
Web address: www.huissiers.lu
Phone: + 352 26 02 11 1
Fax: +352 45 8041

A number of Connexx members attend the Congress of world Judicial Officers in Bangkok Thailand. Over 92 Countries were in attendance, discussing all things legal, judicial, and enforceable.

A number of the Connexx Members including had the privedge of speaking at the conference:

Martin Leyshon
David Walker
Damir Situ
Elin Vilipus

Todor Lukov is a judicial officer based in Plovdiv, Bulgaria. He holds a Master’s degree in Law (Juris Doctor equivalent) from the Sofia University “St. Kliment Ohridski”, Sofia, Bulgaria. Tudor began his career in a US business consulting franchise – Arthur Andersen” Ltd in Sofia.

He served as a regional court Judge in Plovdiv and later held a managerial position in a trading company in the US. His multi-faceted career in law and business provided him with the much needed professional insight for the newly established profession of a Judicial Enforcement Officer in Bulgaria.

Todor is a co-founder and managing partner of Lukov, Gorchev & Daskalov”, Private Enforcement Officers” – a professional partnership of certified enforcement officers. Since 2006 he has been sharing the Bulgarian experience in enforcement of legal titles at multiple professional forums and business ventures.